AN investigation is set to be launched into the conduct of Justice Secretary Angela Constance, the First Minister has been notified.
The Independent Advisers, a trio who have the power to begin investigations into allegations of misconduct within the Scottish Government, have notified John Swinney they "wish to initiate" a probe into Constance.
It comes after Constance was accused of misrepresenting a quote from leading child abuse expert Professor Alexis Jay to bolster the Government’s case against holding a public inquiry into the issue.
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Constance has since apologised to Prof Jay and sought to correct the record, but has not faced a probe over opposition assertions she misled Holyrood – which is against the ministerial code.
The First Minister previously said he was "content" that the Justice Secretary had not broken the ministerial code of conduct.
Swinney announced last year that he would allow the Government’s advisers on the ministerial code to launch investigations into potential breaches, rather than relying on a referral from the First Minister, as had been the case before.
Since the changes came into effect, no inquiries have been launched by the trio of officials, despite numerous opposition calls with this being the first.
In a statement, the advisers said: "The Independent Advisers have notified the FM they wish to initiate an investigation into the Cabinet Secretary for Justice and Home Affairs.
"The advice provided to the First Minister on the outcome of investigation undertaken by the Independent Advisers will be published in a timely manner after the case has been decided by the First Minister."
Under the rules, the final decision on sanctions remains with the First Minister, as with previous iterations of the code, but the advisers can recommend sanctions following their investigation.
The probe will be carried out by former Irish director of public prosecutions Claire Loftus, former permanent secretary at the Cabinet Office and civil service chief Sir John Manzoni, and ex-lord justice of appeal Sir Ernest Ryder.
On Tuesday, Scottish Labour leader Anas Sarwar said: “This is a significant development and calls into question John Swinney’s judgment – or lack of – after he publicly backed Angela Constance.
“The Justice Secretary clearly misrepresented Professor Alexis Jay on an issue as serious as grooming gangs and child sexual exploitation.
“I am pleased that the independent advisers on the ministerial code have responded to my request to launch an investigation into Angela Constance.
“But it should have been referred to them by John Swinney. There are now serious questions for John Swinney to answer too.
“The sad truth is that this is an SNP government which time and time again lies to the public and thinks it can get away with it.”
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